Presidential Appointments to Full-Time Positions in Executive Departments During the 113th Congress

July 15, 2015
R44107

The President makes appointments to positions within the federal government, either using the authorities granted by law to the President alone, or with the advice and consent of the Senate. There are some 351 full-time leadership positions in the 15 executive departments for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate during the 113th Congress for full-time positions in these 15 executive departments.

Information for each department is presented in tables. The tables include full-time positions confirmed by the Senate, pay levels for these positions, and appointment action within each executive department. Additional summary information across all 15 executive departments appears in the Appendix.

During the 113th Congress, the President submitted 273 nominations to the Senate for full-time positions in executive departments. Of these 273 nominations, 162 were confirmed, 8 were withdrawn, and 103 were returned to him in accordance with Senate rules. For those nominations that were confirmed, a mean (average) of 119.2 days elapsed between nomination and confirmation. The median number of days elapsed was 92.0.

Information for this report was compiled using the Senate nominations database of the Legislative Information System (LIS) (http://www.lis.gov/nomis/), the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, telephone discussions with agency officials, agency websites, the United States Code, and the 2012 Plum Book (United States Government Policy and Supporting Positions).

Appendixes

Summary

The President makes appointments to positions within the federal government, either using the authorities granted by law to the President alone, or with the advice and consent of the Senate. There are some 351 full-time leadership positions in the 15 executive departments for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate during the 113th Congress for full-time positions in these 15 executive departments.

Information for each department is presented in tables. The tables include full-time positions confirmed by the Senate, pay levels for these positions, and appointment action within each executive department. Additional summary information across all 15 executive departments appears in the Appendix.

During the 113th Congress, the President submitted 273 nominations to the Senate for full-time positions in executive departments. Of these 273 nominations, 162 were confirmed, 8 were withdrawn, and 103 were returned to him in accordance with Senate rules. For those nominations that were confirmed, a mean (average) of 119.2 days elapsed between nomination and confirmation. The median number of days elapsed was 92.0.

Information for this report was compiled using the Senate nominations database of the Legislative Information System (LIS) (http://www.lis.gov/nomis/), the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, telephone discussions with agency officials, agency websites, the United States Code, and the 2012 Plum Book (United States Government Policy and Supporting Positions).

This report will not be updated.

Introduction

Presidential Appointments to Full-Time Positions in Executive Departments During the 113th Congress

Introduction

The President is responsible for appointing individuals to positions throughout the federal government. In some instances, the President makes these appointments using authorities granted by law to the President alone. Other appointments are made with the advice and consent of the Senate via the nomination and confirmation of appointees. Presidential appointments with Senate confirmation are often referred to with the abbreviation PAS. This report identifies, for the 113th Congress, all nominations submitted to the Senate for executive-level full-time positions1 in the 15 executive departments for which the Senate provides advice and consent. It excludes appointments to regulatory boards and commissions as well as to independent and other agencies, which are covered in other CRS reports.

Information for this report was compiled using the Senate nominations database of the Legislative Information System (LIS) (http://www.lis.gov/nomis/), the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, telephone discussions with agency officials, agency websites, the United States Code, and the 2012 Plum Book (United States Government Policy and Supporting Positions).

Related Congressional Research Service (CRS) reports regarding the presidential appointments process, nomination activity for other executive branch positions, recess appointments, and other appointments-related matters may be found at http://www.crs.gov.2

Appointments During the 113th Congress

Table 1 summarizes appointment activity, during the 113th Congress, related to full-time PAS positions in the 15 executive departments. President Barack H. Obama submitted 273 nominations to the Senate for full-time positions in executive departments. Of these 273 nominations, 162 were confirmed; 8 were withdrawn; and 103 were returned to the President under the provisions of Senate rules.3

Source:Table developed by the Congressional Research Service (CRS) using data presented in the appendices of this report.

a. The figures shown here reveal a distinction between the number of positions to which nominations were made (201), the number of individual nominees (202), and the total number of nominations submitted (273). The number of positions to which nominations were made differs from the number of individual nominees for two reasons. First, the President sometimes nominates more than one individual successively to an open position, usually following the return or withdrawal of the original nomination. Second, less frequently, the President nominates a single individual to more than one position over the course of the Congress. Again, this usually followed the return or withdrawal of the first nomination. The number of total nominations submitted is greater than both of these figures because it includes cases in which the President nominated an individual to the same position more than once. In the 113th Congress, this is largely a result of nearly all nominations being returned to the President under Senate rules at the end of the first session of the 113th Congress. In most cases, the President resubmitted a nomination for the same individual to the same position a second time. This led to a larger number of nominations submitted to the Senate being represented by a smaller number of individual nominees who were nominated multiple times.

Length of Time to Confirm a Nomination

The length of time a given nomination may be pending in the Senate has varied widely. Some nominations were confirmed within a few days, others were confirmed within several months, and some were never confirmed. This report provides, for each executive department nomination confirmed in the 113th Congress, the number of days between nomination and confirmation ("days to confirm"). For confirmed nominations, a mean of 119.2 days elapsed between nomination and confirmation. The median number of days elapsed was 92.0.

Under Senate Rules, nominations not acted on by the Senate at the end of a session of Congress (or before a recess of 30 days) are returned to the President.4 The Senate, by unanimous consent, often waives this rule—although not always.5 This report measures the "days to confirm" from the date of receipt of the resubmitted nomination, not the original.

Organization of this Report

Executive Department Profiles

Each of the 15 executive department profiles provided in this report is divided into two parts: (1) a table listing the organization's full-time PAS positions as of the end of the 113th Congress and (2) a table listing appointment action for vacant positions during the 113th Congress. Data for these tables were collected from several authoritative sources, as listed earlier. In each department profile, the first of these two tables identifies, as of the end of the 113th Congress,6 each full-time PAS position in that department7 and its pay level. For most presidentially appointed positions requiring Senate confirmation, pay levels fall under the Executive Schedule. As of the end of the 113th Congress, these pay levels ranged from level I ($201,700) for Cabinet-level offices to level V ($147,200) for lower-ranked positions.8

The second table, the appointment action table, provides, in chronological order, information concerning each nomination. It shows the name of the nominee, position involved, date of nomination or appointment, date of confirmation, and number of days between receipt of a nomination and confirmation. It also notes actions other than confirmation (e.g., nominations returned to or withdrawn by the President).

The appointment action tables with more than one nominee to a position also list statistics on the length of time between nomination and confirmation. Each appointment action table provides the average days to confirm in two ways: mean and median. Although the mean is a more familiar measure, it may be influenced by outliers in the data. The median, by contrast, does not tend to be influenced by outliers. In other words, a nomination that took an extraordinarily long time might cause a significant change in the mean, but the median would be unaffected. Examining both numbers offers more information with which to assess the central tendency of the data.

For a small number of positions within a department, the two tables may contain slightly different titles for the same position. This is because the title used in the nomination the White House submits to the Senate, the title of the position as established by statute, and the title of the position used by the department itself are not always identical. The first table listing incumbents at the end of the 113th Congress uses data provided by the department itself. The second table listing nomination action within each department relies primarily upon the Senate nominations database of the LIS.9 This information is based upon the nomination sent to the Senate by the White House. Any inconsistency in position titles between the two tables is noted in the notes following each appointment table.

Additional Appointment Information

Appendix A provides two tables. Table A-1 relists all appointment action identified in this report and is organized alphabetically by the appointee's last name. Table entries identify the agency to which each individual was appointed, position title, nomination date, date confirmed or other final action, and duration count for confirmed nominations. The table also includes the mean and median values for the "days to confirm" column.

Table A-2 provides summary data for each of the 15 executive departments identified in this report. The table summarizes the number of positions, nominations submitted, individual nominees, confirmations, nominations returned, and nominations withdrawn for each department. It also provides the mean and median values for the numbers of days taken to confirm nominations within each department.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

c. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). In previous Congresses, the CFO for the Department of Agriculture has been appointed by the President, with the advice and consent of the Senate.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

c. Within the Department of Commerce, this position is also sometimes known as Under Secretary of Industry and Security.

d. New position as of January 4, 2011, P.L. 111-358. According to §403(a), "the individual serving as the Director of the Institute on the date of enactment of the National Institute of Standards and Technology Authorization Act of 2010 shall also serve as the Under Secretary until such time as a successor is appointed under subsection (b).''

e. The chief financial officer may be appointed by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

f. Within the Department of Commerce, this position is also sometimes known as Assistant Secretary for Enforcement and Compliance.

g. P.L. 112-166 established a five-year term for the Director of the Bureau of the Census and required the nominee to have certain specified qualifications (13 U.S.C. §21).

(Members of the Joint Chiefs of Staff are compensated under the military pay system rather than the executive schedule.)

Chairman

Vice Chairman

Chief of Staff (Air Force)

Chief of Staff (Army)

Chief of Naval Operations

Commandant of the Marine Corps

Chief of the National Guard Bureau

Source: CRS.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

c. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

d. The position of Principal Deputy Under Secretary for Intelligence was made a presidential appointment requiring the advice and consent of the Senate under the provisions of P.L. 111-84, Division A, Title IX, Subtitle A, §906(a) (123 Stat. 2428) and was filled by a confirmed nomination for the first time during the 113th Congress.

e. The position of Assistant Secretary for Readiness and Force Management was established by P.L. 111-383, Title IX, §901(b)(4)(A)(i) and was filled for the first time during the 113th Congress.

f. The President may remove the Director of Operational Test and Evaluation from office. The law provides that "The President shall communicate the reasons for any such removal to both Houses of Congress" (10 U.S.C. §139(a)(1)).

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. This position has a six-year term and specified qualifications. See 20 U.S.C. §9514.

b. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

c. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

d. The chief financial officer (CFO) may be appointed by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). In previous Congresses, the CFO for the Department of Education has been appointed by the President, with the advice and consent of the Senate.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

c. According to a department spokesperson, the Office of Civilian Radioactive Waste Management was abolished as of September 2010. However, the position is still listed in the U.S. Code (42 U.S.C. §10224).

d. This position is referred to as Director—Office of Minority Economic Impact in the Senate nominations database of the Legislative Information System. Within the Department of Energy, it is referred to as the Office of Economic Impact and Diversity.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

c. This position is called Assistant Secretary for Family Support in the Senate nominations database of the Legislative Information System. Within the Department of Health and Human Services, it is referred to as the Assistant Secretary for Children and Families.

d. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(l)). The Assistant Secretary for Financial Resources is HUD's designated CFO.

e. This position has a four-year term; a director may serve more than one term. See 25 U.S.C. §1661(a)(2).

f. This position has a four-year term and specified qualifications. See 42 U.S.C. §205.

g. The Surgeon General is compensated as a commissioned officer at level 0-9. See 37 U.S.C. §201.

a. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

b. This position is called Assistant Secretary for Family Support in the Senate nominations database of the Legislative Information System. Within the Department of Health and Human Services, it is referred to as the Assistant Secretary for Children and Families.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

c. Within the Department of Homeland Security, this position is also sometimes known as the Administrator—Transportation Security Administration.

d. Within the Department of Homeland Security, this position is also sometimes known as the Director of Immigration and Customs Enforcement.

e. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

f. The Commandant of the Coast Guard is compensated under the military pay system, rather than the executive schedule, with the grade of admiral.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

c. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

Table 17. Department of Housing and Urban Development Appointment Action During the 113th Congress

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The Special Trustee is to be paid "at a rate determined by the Secretary to be appropriate for the position, but not less than the rate of basic pay payable at Level II of the Executive Schedule" (25 U.S.C. §4042(b)(2)).

b. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

c. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

d. This position (provided for at 25 U.S.C. §1) has been vacant since 1981.

Table 19. Department of the Interior Appointment Action During the 113th Congress

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. Positions in this column do not include the U.S. attorney and U.S. marshal positions. The chief financial officer (CFO) position is also not listed here. Although the Department of Justice is included in the statue that provides presidentially appointed and Senate-confirmed CFOs for all of the major executive branch agencies (31 U.S.C. §901(a)(1)), this provision is superseded by 28 U.S.C. §507, which provides that the Assistant Attorney General for Administration, appointed by the Attorney General with the approval of the President, shall be the CFO for the Department of Justice.

b. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

c. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

d. The position of Director—Bureau of Alcohol, Tobacco, Firearms, and Explosives was made a presidential appointment requiring the advice and consent of the Senate under the provisions of P.L. 109-177, Title V §504 (120 Stat. 247), enacted March 9, 2006. It was filled for the first time in the 113th Congress.

e. This position has a 10-year term. See 28 U.S.C. §532 note.

f. This position has a four-year term. See 42 U.S.C. §2000g.

g. This position has a four-year term. See 8 U.S.C. §1324b(c)(1).

h. "The Special Counsel for Immigration-Related Unfair Employment Practices is entitled to receive compensation at a rate not to exceed the rate now or hereafter provided for grade GS-17 of the General Schedule," under 8 U.S.C. §1324b(c)(3).

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

c. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The positions in this column do not include chiefs of mission in overseas posts or Foreign Service officers. In addition, certain officers of the State Department may be required to have certain qualifications. See 22 U.S.C. §2651a(g).

b. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

c. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

d. This position was formerly known as the Under Secretary for Democracy and Global Affairs.

e. From 1998 to 2008, each time an individual has been nominated to and confirmed for the position of Assistant Secretary for Diplomatic Security, he has simultaneously been nominated to and confirmed for the position of Director of Foreign Missions. In the 113th Congress, the President nominated distinct individuals to each position as shown below.

f. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

g. By law, incumbent must be a current or former career member of the Foreign Service (22 U.S.C. §3928).

h. The salary for the U.S. Representative to the Organization of the American States is linked to the pay for chiefs of mission.

i. The salaries for these positions within the UN are administratively determined.

Table 25. Department of State Appointment Action During the 113th Congress

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. This position has a five-year term and specified qualifications. See 49 U.S.C. §106.

b. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3 (b)).

c. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

d. Under P.L. 113-76, the Consolidated Appropriations Act of 2014 (128 Stat. 574), the functions of the Research and Innovative Technology Administration were transferred to a newly created Office of the Assistant Secretary for Research Technology, and the position of Administrator was redesignated as Assistant Secretary.

e. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

a. Gregory D. Winfree was confirmed to the position of Administrator for the Research and Innovative Technology Administration as noted above. However, under P.L. 113-76, the Consolidated Appropriations Act of 2014 (128 Stat. 574), this position was redesignated as Assistant Secretary for Research Technology. On January 23, 2014, Winfree was sworn in as the new Assistant Secretary.

b. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3 (b)).

b. Under the provisions of 5 U.S.C. Appx. §3 (e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

c. The position of Special Inspector General has the same removal provisions as other inspectors general (see table note b, above).

d. This position has a five-year term and specified qualifications. See 26 U.S.C. §7803(a)(1).

e. This position has a five-year term and a limitation on the President's removal power. See 12 U.S.C. §2.

f. This position has a five-year term and specified qualifications. See 12 U.S.C. §1462a(c).

g. The U.S. Code provides that the department has two Deputy Under Secretaries appointed by the President with the advice and consent of the Senate. "When appointing each Deputy Under Secretary, the President may designate the Deputy Under Secretary as an Assistant Secretary" (31 U.S.C. §301(d)). In each of these two cases, the President did so.

h. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

i. The position has a five-year term and a limitation on the President's removal power. See 31 U.S.C. §304(b).

j. According to the 2012 edition of the Plum Book, the Director of the United States Mint and the Treasurer of the United States were both senior-level positions (p. 126). With regard to pay for such positions, the Plum Book states, "The minimum pay for SL [Senior Level] positions is 120 percent of the rate of basic pay for GS-15, step1. For agencies without a certified performance appraisal system, SL members' pay may not exceed the rate payable for level III of the Executive Schedule. For agencies with a certified performance appraisal system, SL members' pay may not exceed the rate payable for level II of the Executive Schedule. SL members are not entitled to locality-based comparability payments." (p. 204).The Department of the Treasury received certification from the Office of Personnel Management for its performance appraisal system during the period covered by this report. See also 5 U.S.C. §5376 and 5 U.S.C. §5304(g)(2).

Table 29. Department of the Treasury Appointment Action During the 113th Congress

a. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

b. The U.S. Code provides that the department has two Deputy Under Secretaries appointed by the President with the advice and consent of the Senate. "When appointing each Deputy Under Secretary, the President may designate the Deputy Under Secretary as an Assistant Secretary" (31 U.S.C. §301(d)). In the case of Ramin Touloui, the President did so.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

c. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

d. This position has a six-year term and limitations on the President's removal power. See 38 U.S.C. §7101(b).

Note: For a complete list of departmental abbreviations, see Appendix B.

a. As discussed earlier in this report, under Senate Rules, nominations not acted on by the Senate at the end of a session of Congress (or before a recess of 30 days) are returned to the President. This was the case at the end of the first session of the 113th Congress. The President re-nominated most individuals whose nominations had been returned to him. This report measures the "days to confirm" from the date of receipt of the resubmitted nomination, not the original. As a result, this calculation may be shorter on average than previous Congresses in which the Senate, by unanimous consent, agreed to waive the rule (which, in effect, prevented nominations not acted upon from being returned to the President, and therefore negated the need for returned nominees to be re-nominated).

Table A-2. Appointment Action, Executive Departments, 113th Congress

Department

Positions

Nominations

Individual Nominees

Confirmations

Returned

Withdrawn

Recess Appointments

Mean Days to Confirm

Median Days to Confirm

Agriculture

14

6

5

5

1

0

0

139.8

120.0

Commerce

24

21

15

13

8

0

0

79.7

66.0

Defense

60

40

35

32

7

1

0

116.5

112.5

Education

16

15

9

5

10

0

0

152.0

122.0

Energy

23

24

14

10

13

1

0

193.6

162.0

Health and Human Services

19

11

8

5

6

0

0

144.8

97.0

Homeland Security

19

17

14

13

4

0

0

83.7

67.0

Housing and Urban Development

13

8

7

6

2

0

0

150.0

148.0

Interior

19

18

11

7

9

2

0

134.9

115.0

Justice

24

15

11

9

5

1

0

148.1

133.0

Labor

15

8

6

5

3

0

0

98.2

90.0

State

49

52

38

31

20

1

0

97.9

83.0

Transportation

18

12

10

8

4

0

0

82.3

73.5

Treasury

26

15

12

7

7

1

0

135.4

141.0

Veterans Affairs

12

11

7

6

4

1

0

172.3

144.5

Total

351

273

202

162

103

8

0

119.2

92.0

Source: CRS.

Appendix B. Abbreviations of Departments

Table B-1. Department Abbreviations

DHS

Department of Homeland Security

DOC

Department of Commerce

DOD

Department of Defense

DOE

Department of Energy

DOI

Department of the Interior

DOJ

Department of Justice

DOL

Department of Labor

DOS

Department of State

DOT

Department of Transportation

DVA

Department of Veterans Affairs

ED

Department of Education

HHS

Department of Health and Human Services

HUD

Department of Housing and Urban Development

TREAS

Department of the Treasury

USDA

Department of Agriculture

Source: CRS.

Footnotes

Full-time departmental presidential appointments with Senate confirmation (PAS positions) that are not covered in this report include U.S. attorney and U.S. marshal positions in the Department of Justice; most Foreign Service and diplomatic positions in the Department of State; and the officer corps in the military services. Nominees to these positions are generally submitted in groups, often with dozens or hundreds of names appearing in a single nomination, and tend to be of a noncontroversial nature.

Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate provides that "Nominations neither confirmed nor rejected during the session at which they are made shall not be acted upon at any succeeding session without being again made to the Senate by the President; and if the Senate shall adjourn or take a recess for more than thirty days, all nominations pending and not finally acted upon at the time of taking such adjournment or recess shall be returned by the Secretary to the President, and shall not again be considered unless they shall again be made to the Senate by the President." U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 113th Cong., 1st sess., S. Doc. 113-1 (Washington: GPO, 2014), p. 59.

Notably, on January 3, 2014, nearly all nominations were returned to the President under Senate rules, between the first and second session of the 113th Congress. No unanimous consent agreement was reached that nominations received in the first session remain as status quo notwithstanding Senate Rule XXXI (which requires nominations not acted upon to be returned to the President at the end of the session). In most cases, the President re-nominated those individuals whose nominations had been returned to him.

The data on incumbents at the end of the 113th Congress were collected as of the Senate's last day of business on December 16, 2014. Beginning on December 17, agency officials were contacted and the lists of incumbents were finalized.

In some cases, the title drawn from the Legislative Information System (LIS) database is expanded upon for clarity in the second table. For example, Gustavo H. Aguilar was nominated to be Assistant Secretary of Housing and Urban Development (HUD). His nomination, as shown in the LIS database, does not indicate to which assistant secretary position he was nominated; it merely states that he was nominated as an assistant secretary. In the section on HUD, the second table shows that he was nominated to be Assistant Secretary for Fair Housing and Equal Opportunity.